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FEDERAL DEPOSIT INS. CORP. v. ADDLEMAN

No. 61,008

242 Kan. 728 (1988)

750 P.2d 1037

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Appellee, v. G.R. ADDLEMAN, Appellant, and PAUL L. STEPHENS, LAURA STEPHENS, DOUG McENTARFER, and JANET McENTARFER, Defendants.

Supreme Court of Kansas.

Opinion filed February 19, 1988.

Attorney(s) appearing for the Case

Steven W. Hirsch, of Morgan Law Office, of Oberlin, argued the cause and Stan Morgan, of the same firm, was with him on the briefs for appellant.

E. Whitney Drake, special counsel, Office of General Counsel, Federal Deposit Insurance Corporation, of Washington, D.C., argued the cause and Ann S. DuRoss, assistant general counsel, of the same office, and Dee F. Marsh, staff attorney, Federal Deposit Insurance Corporation, of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

The Federal Deposit Insurance Corporation (FDIC) filed an action to enforce a guaranty contract against G.R. Addleman. The district court of Decatur County granted the FDIC's motion for summary judgment and found Addleman liable on the guaranty. The district court held a guarantor under a written guaranty of debt to a failed bank may not assert an oral accord and satisfaction as a defense to liability when...

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